(1) |
The Minister by notice in the Gazette, may declare that an environmental condition or a substance present at a mine is a health hazard to employees who are or may be exposed to that condition or substance, if— |
(a) |
the Minister has consulted the Council on the issuing of the declaration; and |
(b) |
unless the Minister believes that the public interest requires the notice to be published immediately, the Minister has— |
(i) |
published a draft of the proposed notice at least three months previously; and |
(ii) |
at that time invited interested persons to submit comments and representations concerning the proposed notice within a specified period. |
(2) |
In connection with any health hazard, the Minister, after consulting the Council, by notice in the Gazette, may— |
(a) |
impose conditions on the performance of work by employees exposed to the health hazard; |
(b) |
stipulate the standards of fitness for an employee to perform work involving exposure to the health hazard; |
(c) |
require employers to take measures to eliminate, control and minimise health risks associated with the health hazard; |
(e) |
require employers to conduct specified medical surveillance in respect of employees exposed to the health hazard, and |
(f) |
provide for any other matter that the Minister considers necessary to protect employees exposed to the health hazard. |
(3) |
The Minister may enter any mine at any time only for the purposes of health hazards. |
[Section 76(3) inserted by section 25 of Notice No. 428, GG 32140, dated 17 April 2009 (Mine Health and Safety Amendment Act No. 74 of 2008)]